Attached is a copy of the City’s Request for Proposals for application development and engineering professional services. These services are being solicited to assist the City of Mineral Wells in its application development and implementation of a contract if awarded a Hazard Mitigation Assistance Program grant by the Texas Division of Emergency Management (TDEM). The City of Mineral Wells will be applying for such funding to install multiple generators in the City of Mineral Wells.

The submission requirements for this proposal are also included on the attached Request for Proposal (RFQ) form. Firms and/or individuals should have past experience with federally funded programs. Please submit a proposal of services and statement of qualifications to:

Juanita Formby

P.O. Box 460

115 S.W. 1st Street

Mineral Wells, TX 76067

Along with your proposal, you must also include verification that your company as well as the company’s principal is not listed (is not debarred) through the System for Award Management (www.SAM.gov). Please include a print out of the search results.

The deadline for submission of proposals is May 23, 2017 at 2:00 p.m. The City of Mineral Wells reserves the right to negotiate with any and all persons or firms submitting proposals, per the Texas Professional Services Procurement Act and the Uniform Grant and Contract Management Standards.

The City of Mineral Wells is an Affirmative Action/Equal Opportunity Employer.

Sincerely,

______________________

John Moran

Director of Finance

REQUEST FOR QUALIFICATIONS (RFQ) FOR ENGINEERING SERVICES

The City of Mineral Wells is seeking to enter into an engineering services contract with a state-registered engineer to assist in the development of one or more applications and the subsequent project implementation of construction projects to be funded with FEMA Hazard Mitigation Funds through the Texas Division of Emergency Management for disasters in 2016 and 2017. The following outlines this request for qualifications.

I. Scope of Work - The engineering contract will encompass all project-related engineering services, including but not limited to the following:

Pre-Award Costs

Application preparation assistance

Preliminary engineering study, if applicable

Preliminary environmental and historical assessment

Preliminary surveys, if applicable

Preliminary Scope of Work determination

Preliminary Benefit Cost Analysis using FEMA’s BCA software program

Preliminary design plans and specifications

Preliminary budget

Post-Award Costs

Comprehensive Benefit Cost Analysis

Comprehensive engineering study

Comprehensive environmental and historical assessment

Final design plans and specifications

Final budget

Preparation of the bid packet and contract documents

Conduct all field testing and inspections (interim and final); and

Other special services as determined

Please specify actual tasks to be performed under each of these categories.

II. Statement of Qualifications - The City is seeking to contract with a competent engineering firm, registered to practice in the State of Texas that has experience in the following areas:

Public Works construction including but not limited to hazard mitigation projects;

Registered and in good standing as a professional engineer per the Texas Engineering Practice Act

Federally-funded construction projects; and

Projects located in this general region of the state

As such, please provide within your proposal a list of past local government clients, as well as resumes of all engineers that will or may be assigned to this project if you receive the engineering services contract award.

Also, please provide a copy of your current certificate of insurance for professional liability.

III. Evaluation Criteria - The proposals received will be evaluated and ranked according to the following criteria:

Experience

60 points

Work Performance

25 points

Capacity to Perform

10 points

Affirmative Action

5 points

Total

100 points

IV. For this RFQ, Respondent’s qualifications will be evaluated and the most qualified Respondent will be selected, subject to negotiation of fair and reasonable compensation.

V. Deadline for Submission– Proposals must be received no later than 2:00 p.m. on May 23, 2017at the following address: P.O. Box 459, 115 S.W. 1st Street, Mineral Wells, TX 76068

SELECTION OF A FIRM: We shall review all material submitted, and if required schedule interviews with prospective consultants in order to select the most qualified. The City of Mineral Wells is an Affirmative Action/Equal Opportunity Employer and reserves the rights to reject any and all proposals, extend the RFQ deadline and to waive formalities in our selection. Selection of a firm shall occur at a public meeting at the City ’s discretion.

Sample Professional Services Contract

Part I – SAMPLE Agreement

THIS AGREEMENT, entered into this _____ day of __________________, by and between the CITY OF __________________________, hereinafter called the "City"/”County”, acting herein by _______________________ hereunto duly authorized, and _______________________________ hereinafter called "Firm,” acting herein by ______________________________.

WITNESSETH THAT:

WHEREAS, the City/County of _______________________ desires to [implement/construct/etc.] the following: _________________________________[describe project] under the general direction of the Hazard Mitigation Assistance Grant (hereinafter called “HMA”) Program administered by the Texas Department of Emergency Management (TDEM); and Whereas the City/County desires to engage_____________________________ to render certain engineering/surveyor/architectural services in connection with the HMA Project, Contract Number _____________________________.

NOW THEREFORE, the parties do mutually agree as follows:

1. Scope of Services

The Firm will perform the services set out in Part II, Scope of Services.

2. Time of Performance - The services of the Firm shall commence on __________________________. In any event, all of the services required and performed hereunder shall be completed no later than ________________________.

Local Program Liaison - For purposes of this Agreement, the [e.g. City Manager/County ___________] or equivalent authorized person will serve as the Local Program Liaison and primary point of contact for the Firm. All required progress reports and communication regarding the project shall be directed to this liaison and other local personnel as appropriate.

Access to Records - The Federal Emergency Management Agency (FEMA), Inspectors General, the Comptroller General of the United States, the Texas Department of Emergency Management (TDEM), and the City/County, or any of their authorized representatives, shall have access to any documents, papers, or other records of the Firm which are pertinent to the HMA award, in order to make audits, examinations, excerpts, and transcripts, and to closeout the City/County’s HMA contract with TDEM.

Retention of Records - The Firm shall retain all required records for three years after the City/County makes its final payment and all pending matters are closed.

Compensation and Method of Payment - The maximum amount of compensation and reimbursement to be paid hereunder shall not exceed $_________________. Payment to the Firm shall be based on satisfactory completion of identified milestones in Part III - Payment Schedule of this Agreement.

Indemnification – The Firm shall comply with the requirements of all applicable laws, rules and regulations, and shall exonerate, indemnify, and hold harmless the City/County and its agency members from and against any and all claims, costs, suits, and damages, including attorney’s fees, arising out of the Firm’s performance or nonperformance of the activities, services or subject matter called for in this Agreement, and shall assume full responsibility for payments of Federal, State and local taxes on contributions imposed or required under the Social Security, worker's compensation and income tax laws.

9. Miscellaneous Provisions

a. This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in _______________________ County, Texas.

b. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement.

c. In any case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

d. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

e. This Agreement may be amended by mutual agreement of the parties hereto and a writing to be attached to an incorporated into this Agreement.

10. Extent of Agreement

This Agreement, which includes Parts I-IV, [and if applicable, including the following exhibits/attachments:] represents the entire and integrated agreement between the City/County and the Firm and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by authorized representatives of both City/County and the Firm.

IN WITNESSETH WHEREOF, the parties have executed this Agreement by causing the same to be signed on the day and year first above written.

BY: ______________________________

(Local City/County Official)

______________________________

(Printed Name)

______________________________

(Title)

BY: ______________________________

(Firm/Contractor’s Authorized Representative)

______________________________

(Printed Name)

______________________________

(Title)

Part II - Scope of Work

Pre-Award Costs

Application preparation assistance

Preliminary engineering study, if applicable

Preliminary environmental and historical assessment

Preliminary surveys, if applicable

Preliminary Scope of Work determination

Preliminary Benefit Cost Analysis using FEMA’s BCA software program

Preliminary design plans and specifications

Preliminary budget

Post-Award Costs

Comprehensive Benefit Cost Analysis

Comprehensive engineering study

Comprehensive environmental and historical assessment

Final design plans and specifications

Final budget

Preparation of the bid packet and contract documents

Conduct all field testing and inspections (interim and final); and

Other special services as determined

Part III – SAMPLE Payment Schedule

City/County shall reimburse the Firm for professional services provided upon completion of the following project milestones per the following percentages of the maximum contract amount:

Pre-Award Services

% of

Contract Fee

Application preparation assistance

Preliminary engineering study, if applicable

Preliminary environmental and historical assessment

Preliminary surveys, if applicable

Preliminary Scope of Work determination

Preliminary Benefit Cost Analysis using FEMA’s BCA software program

Preliminary design plans and specifications

Preliminary budget

Total

100%

Post-Award Services

% of

Contract Fee

Comprehensive Benefit Cost Analysis

Comprehensive engineering study

Comprehensive environmental and historical assessment

Final design plans and specifications

Final budget

Preparation of the bid packet and contract documents

Conduct all field testing and inspections (interim and final); and

Other special services as determined

Total

100%

NOTE: Percentages of payment listed here are general guidelines based on engineering services typically provided. These are negotiable, and should serve only as a guide. Payment schedule should be tied directly to the actual Scope of Work identified in Part II - Scope of Services.

SPECIAL SERVICES

Special Services shall be reimbursed under the following hourly rate schedule: (List all applicable services to include overhead charge).

Registered Surveyor

$

Survey Crew (3 members)

$

Project Engineer

$

Engineering Technician

$

Project Representative

$

Draftsman

$

The fee for all other Special Services shall not exceed a total of and No/100 Dollars ($). The payment for these Special Services shall be paid as a lump sum, per the following schedule:

The Firm shall be paid upon completion of surveying, necessary field data, and acquisition data, if applicable, the sum of and No/100 Dollars ($).

The Firm shall be reimbursed the actual costs of necessary testing based on itemized billing statements from the independent testing laboratory, plus a percent (%) overhead charge. All fees for testing shall not exceed a total of and No/100 Dollars ($).

The payment requests shall be prepared by the Firm and be accompanied by such supporting data to substantiate the amounts requested.

Any work performed by the Firm prior to the execution of this Agreement is at the Firm’s sole risk and expense.

Part IV – SAMPLE Terms and Conditions

Termination of Agreement for Cause. If the Firm fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Firm violates any of the covenants, conditions, agreements, or stipulations of this Agreement, the City/County shall have the right to terminate this Agreement by giving written notice to the Firm of such termination and specifying the effective date thereof, which shall be at least five days before the effective date of such termination. In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Firm pursuant to this Agreement shall, at the option of the City/County, be turned over to the City / County and become the property of the City / County. In the event of termination for cause, the Firm shall be entitled to receive reasonable compensation for any necessary services actually and satisfactorily performed prior to the date of termination.

Notwithstanding the above, the Firm shall not be relieved of liability to the City/County for damages sustained by the City/County by virtue of any breach of the Agreement by the Firm, and the City/County may set-off the damages it incurred as a result of the Firm’s breach of the contract from any amounts it might otherwise owe the Firm.

Termination for Convenience of the City/County.

City/County may at any time and for any reason terminate Contractor’s services and work at City/County's convenience upon providing written notice to the Contractor specifying the extent of termination and the effective date. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement.

Upon such termination, Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by Contractor as are permitted by the prime contract and approved by City/County; (3) plus ten percent (10%) of the cost of the work referred to in subparagraph (1) above for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Contractor prior to the date of the termination of this Agreement. Contractor shall not be entitled to any claim or claim of lien against City/County for any additional compensation or damages in the event of such termination and payment.

3. Changes. The City/County may, from time to time, request changes in the services the Firm will perform under this Agreement. Such changes, including any increase or decrease in the amount of the Firm's compensation, must be agreed to by all parties and finalized through a signed, written amendment to this Agreement.

4. Resolution of Program Non-Compliance and Disallowed Costs. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, or the breach thereof, including determination of responsibility for any costs disallowed as a result of non-compliance with federal, state or HMA program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith within 30 days of receipt of a written notice of the dispute or invitation to negotiate, and attempt to reach a just and equitable solution satisfactory to both parties. If the matter is not resolved by negotiation within 30 days of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith to settle the matter by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The parties may enter into a written amendment to this Amendment and choose a mediator that is not affiliated with the American Arbitration Association. The parties shall bear the costs of such mediation equally. [This section may also provide for the qualifications of the mediator(s), the locale of meetings, time limits, or any other item of concern to the parties.] If the matter is not resolved through such mediation within 60 days of the initiation of that procedure, either party may proceed to file suit.

5. Personnel.

a. The Firm represents that he/she/it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the City/County.

b. All of the services required hereunder will be performed by the Firm or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services.

c. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City/County. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement.

6. Assignability. The Firm shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City/County thereto; Provided, however, that claims for money by the Firm from the City/County under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City/County.

7. Reports and Information. The Firm, at such times and in such forms as the City/County may require, shall furnish the City/County such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement.

8. Records and Audits. The Firm shall insure that the City/County maintains fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner that conforms to 2 CFR 200.300-.309, 24 CFR 570.490, and this Agreement. Such records must include data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this Agreement. The Firm and the City/County shall retain such records, and any supporting documentation, for the greater of three years from closeout of the Agreement or the period required by other applicable laws and regulations.

9. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Firm under this contract are confidential and the Firm agrees that they shall not be made available to any individual or organization without the prior written approval of the City/County.

10. Copyright. No report, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Firm.

11. Compliance with Local Laws. The Firm shall comply with all applicable laws, ordinances and codes of the State and local governments, and the Firm shall save the City/County harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Agreement.

12. Conflicts of interest.

a. Governing Body. No member of the governing body of the City/County and no other officer, employee, or agent of the City/County, who exercises any functions or responsibilities in connection with administration, construction, engineering, or implementation of HMA award between TDEM and the City / County, shall have any personal financial interest, direct or indirect, in the Firm or this Agreement; and the Firm shall take appropriate steps to assure compliance.

b. Other Local Public Officials. No other public official, who exercises any functions or responsibilities in connection with the planning and carrying out of administration, construction, engineering or implementation of the HMA award between TDEM and the City/County, shall have any personal financial interest, direct or indirect, in the Firm or this Agreement; and the Firm shall take appropriate steps to assure compliance.

The Firm and Employees. The Firm warrants and represents that it has no conflict of interest associated with the HMA award between TDEM and the City/County or this Agreement. The Firm further warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may benefit from the HMA award between TDEM and the City/County or in any business, entity, organization or person that may benefit from the award. The Firm further agrees that it will not employ an individual with a conflict of interest as described herein.

13. Debarment and Suspension (Executive Orders 12549 and 12689)

The Firm certifies, by entering into this Agreement, that neither it nor its principals are presently debarred, suspended, or otherwise excluded from or ineligible for participation in federally-assisted programs under Executive Orders 12549 (1986) and 12689 (1989). The term “principal” for purposes of this Agreement is defined as an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Firm. The Firm understands that it must not make any award or permit any award (or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension.”

a. The Firm will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Firm will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Firm agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

b. The Firm will, in all solicitations or advertisements for employees placed by or on behalf of the Firm, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c. The Firm will not discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.

d. The Firm will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Firm's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. The Firm will comply with all provisions of Executive Order 11246 of September 24, 1965, “Equal Employment Opportunity,” and of the rules, regulations, and relevant orders of the Secretary of Labor.

f. The Firm will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g. In the event of the Firm's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Firm may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h. The Firm will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Firm will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Firm becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Firm may request the United States to enter into such litigation to protect the interests of the United States.

15. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, religion, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

16. Section 109 of the Housing and Community Development Act of 1974. The Firm shall comply with the provisions of Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall on the ground of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

17. Section 504 of the Rehabilitation Act of 1973, as amended.The Firm agrees that no otherwise qualified individual with disabilities shall, solely by reason of his/her disability, be denied the benefits of, or be subjected to discrimination, including discrimination in employment, under any program or activity receiving federal financial assistance.

18. Age Discrimination Act of 1975.The Firm shall comply with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

The Firm certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining this contract. The Firm shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Example Engineer/Architect Rating Sheet

Sub-grantee HMA Contract No.

Name of Respondent Date of Rating

Evaluator's Name

Experience-- Rate the respondent for experience in the following areas:

Comments

Factor

Max.Pts.

Score

1.

Has previously designed ___________ type of projects

20

2.

Has worked on federally funded construction projects

10

3.

Has worked on projects that were located in this general region

15

4.

Extent of experience in project construction management

15

Subtotal, Experience

60

Work Performance

Factor

Max.Pts.

Score

1.

Past projects completed on schedule

10

2.

Manages projects within budgetary constraints

5

3.

Work product is of high quality

10

Subtotal, Performance

25

NOTE: Information necessary to assess the respondent on these criteria should be gathered by contacting past/current clients.

Capacity to Perform

Factor

Max.Pts.

Score

1.

Staff Level / Experience of Staff

5

2.

Adequacy of Resources

5

3.

Professional liability insurance is in force

5

Subtotal, Capacity to Perform

15

TOTAL SCORE

Factor

Max.Pts.

Score

¨

Experience

60

¨

Work Performance

25

¨

Capacity to Perform

15

Total Score

100

REQUESTFORQUALIFICATIONS(RFQ)FORENGINEERINGSERVICES

ADDENDUM

TheCityofMineralWellsisseeking toenter into an engineering services contract with a state-registeredengineer to assist in the developmentof a Comprehensive Drainage Planapplications and the subsequentcreationoftheComprehensiveDrainage Plan to befunded with FEMAHazardMitigationFundsthroughthe Texas DivisionofEmergencyManagement. The followingoutlinesthisrequestforqualifications.

Scope of Work - The engineering contract will encompass all project-related engineering services, including but not limited to the following: Pre-Award

Application preparation assistance including but not limited to:

Scope of Work determination – detailed what will be included in the Comprehensive Drainage Plan

Purpose of the plan

Need for the plan

Outcome of the plan

Budget narrative

Detailed cost breakdown - no lump sums

Post-Award

Comprehensive Drainage Plan engineering study

Engineer shall make a review of all available information on storm drainage within the city. If any engineering and planning studies have been prepared on drainage, they should be listed with the firm name and date.

Conduct a project area survey of any existing storm drainage facilities and all natural drainage courses to include as a minimum:

Inventory

Location of drainage ways

Location of 100 years flood hazard areas

Identification of areas within the community where local flooding has occurred

Identify the City’s participation in the NFIP and continued compliance with NFIP requirements, if applicable

Identify the City’s NFIP Community Rating System, if applicable

Identify NFIP structure within the city, if applicable

Identify Severe Repetitive Loss Structures, if applicable

Identify Repetitive Loss Structures, if applicable

Prepare a storm drainage map showing the existing facilities in relation to topographic features

Analysis

List and rank problems related to storm drainage and should present possible alternative mitigation actions and costs in providing solutions

Prepare an analysis of the existing drainage system for both natural and man-made facilities. Major and minor drainage areas and areas that have experienced flooding shall be delineated. Drainage characteristics of the areas shall be briefly described and analysis shall be made to determine methods of eliminating local flooding and eroding of local streets. Data, as available through the National Flood Insurance Program of the Federal Emergency Management Agency, shall be utilized to the fullest extent possible.

Plan

Prepare an analysis of the existing drainage system for both natural and man-made facilities. Major and minor drainage areas and areas that have experienced flooding shall be delineated. Drainage characteristics of the areas shall be briefly described and analysis shall be made to determine methods of eliminating or mitigating local flooding and eroding of local streets. Data, as available through the National Flood Insurance Program of the Federal Emergency Management Agency, shall be utilized to the fullest extent possible.

Prepare a Future Drainage Map illustrating phased improvements related to drainage in relation to the existing conditions and topographic features.

Other special services as determined

Pleasespecifyactualtasksto beperformedundereachofthesecategories.

Statement of Qualifications - The City is seeking to contract with a competent engineering firm, registered to practice in the State of Texas that has experience in the following areas:

Comprehensive Drainage Plans

Hazard mitigation projects, federally funded projects

Registered and in good standing as a professional engineer per the Texas Engineering Practice Act

Projects located in this general region of the state

As such, please provide within yourproposal a list of past localgovernmentclients,aswellasresumesofallengineers that will ormaybeassigned to this projectif you receivetheengineering services contract award.

Also,pleaseprovide a copyofyourcurrentcertificateofinsuranceforprofessionalliability.

Evaluation Criteria - The proposals received will be evaluated and ranked according to the following criteria:

Experience

60points

WorkPerformance

25points

CapacitytoPerform

10points

AffirmativeAction

5 points

Total

100points

For this RFQ, Respondent’s qualifications will be evaluated and the most qualified Respondent will be selected, subject to negotiation of fair and reasonable compensation.

DeadlineforSubmission– Proposals must be received no later than 2:00 p.m. on May 23, 2017 at the following address: P.O. Box 459, 115 S.W. 1st Street, Mineral Wells, TX 76068

SELECTIONOFA FIRM:Weshallreviewallmaterialsubmitted,andifrequiredscheduleinterviews with prospectiveconsultantsinordertoselectthe most qualified.TheCityofMineralWellsis anAffirmativeAction/EqualOpportunityEmployer and reserves the rights to rejectanyand all proposals,extend the RFQdeadlineandto waive formalities in our selection.Selectionof a firm shall occurat a public meeting at the City’sdiscretion.

Local Program Liaison - For purposes of this Agreement, the [e.g. City Manager] or equivalent authorized person will serve as the Local Program Liaison and primary point of contact for the Firm. All required progress reports and communication regarding the project shall be directed to this liaison and other local personnel as appropriate.

Access to Records - The Federal Emergency Management Agency (FEMA), Inspectors General, the Comptroller General of the United States, the Texas Department of Emergency Management (TDEM), and the City, or any of their authorized representatives, shall have access to any documents, papers, or other records of the Firm which are pertinent to the HMA award, in order to make audits, examinations, excerpts, and transcripts, and to closeout the City’s HMA contract with TDEM.

Retention of Records - The Firm shall retain all required records for three years after the City makes its final payment and all pending matters are closed.

Compensation and Method of Payment - The maximum amount of compensation and reimbursement to be paid hereunder

shallnotexceed$

. PaymenttotheFirmshallbebasedonsatisfactorycompletionofidentified

milestonesinPartIII - PaymentScheduleofthisAgreement.

Indemnification – The Firm shall comply with the requirements of all applicable laws, rules and regulations, and shall exonerate, indemnify, and hold harmless the City and its agency members from and against any and all claims, costs, suits, and damages, including attorney’s fees, arising out of the Firm’s performance or nonperformance of the activities, services or subject matter called for in this Agreement, and shall assume full responsibility for payments of Federal, State and local taxes on contributions imposed or required under the Social Security, worker's compensation and income tax laws.

Miscellaneous Provisions

This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Palo Pinto County, Texas.

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement.

In any case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

This Agreement may be amended by mutual agreement of the parties hereto and a writing to be attached to an incorporated into this Agreement.

10.Extent of Agreement

ThisAgreement, which includesPartsI-IV, [and if applicable,including the followingexhibits/attachments:]represents the entire and integratedagreementbetween the Cityand the Firm and supersedes all priornegotiations,representations or agreements,eitherwritten or oral.ThisAgreementmay be amended only by writteninstrumentsignedbyauthorizedrepresentativesofbothCity and theFirm.

INWITNESSETHWHEREOF,the parties haveexecutedthisAgreementbycausing the same to be signed on the day and yearfirstabovewritten.

BY:

(LocalCityOfficial)

(PrintedName)

(Title)

BY:

(Firm/Contractor’sAuthorizedRepresentative)

(PrintedName)

(Title)

PartII - ScopeofWork

Pre-AwardCosts

Application preparation assistance

Preliminary engineering study, if applicable

Preliminary environmental and historical assessment

Preliminary surveys, if applicable

Preliminary Scope of Work determination

Preliminary Benefit Cost Analysis using FEMA’s BCA software program

Preliminary design plans and specifications

Preliminary budget

Post-AwardCosts

Comprehensive Benefit Cost Analysis

Comprehensive engineering study

Comprehensive environmental and historical assessment

Final design plans and specifications

Final budget

Preparation of the bid packet and contract documents

Conduct all field testing and inspections (interim and final); and

Other special services as determined

PartIII – SAMPLE PaymentSchedule

City shallreimbursetheFirm for professionalservicesprovided upon completion of thefollowingprojectmilestonesperthefollowingpercentagesofthemaximumcontractamount:

Pre-Award Services

Application preparation assistance

Preliminary engineering study, if applicable

Preliminary environmental and historical assessment

Preliminary surveys, if applicable

Preliminary Scope of Work determination

Preliminary Benefit Cost Analysis using FEMA’s BCA software program

Preliminary design plans and specifications

Preliminary budget

% of Contract Fee

Total 100%

Post-Award Services

% of Contract Fee

Comprehensive Benefit Cost Analysis

Comprehensive engineering study

Comprehensive environmental and historical assessment

Final design plans and specifications

Final budget

Preparation of the bid packet and contract documents

Conduct all field testing and inspections (interim and final); and

Other special services as determined

Total

100%

NOTE:Percentagesofpayment listed herearegeneralguidelinesbased on engineeringservicestypicallyprovided.Thesearenegotiable, and shouldserveonly as a guide.Paymentscheduleshould be tieddirectly to theactualScopeofWorkidentifiedinPartII - Scope of Services.

SPECIAL SERVICES

SpecialServicesshall be reimbursedunder the followinghourlyrateschedule:(Listallapplicableservicestoincludeoverheadcharge).

Registered Surveyor

$

SurveyCrew (3 members)

$

ProjectEngineer

$

EngineeringTechnician

$

ProjectRepresentative

$

Draftsman

$

The feeforallotherSpecialServicesshallnotexceed a total ofand No/100Dollars ($). The paymentfortheseSpecialServicesshall be paid as a lumpsum, per the followingschedule:

The Firm shall be paid upon completion of surveying, necessary field data, and acquisition data, if applicable, the sum of

and No/100Dollars ($ ).

The Firm shall be reimbursed the actual costs of necessary testing based on itemized billing statements from the independent testing laboratory, plus apercent ( %) overhead charge. All fees for testing shall not exceed a total ofand No/100 Dollars ($ ).

The payment requests shall be prepared by the Firm and be accompanied by such supporting data to substantiate the amounts requested.

Any work performed by the Firm prior to the execution of this Agreement is at the Firm’s sole risk and expense.

Part IV – SAMPLETermsand Conditions

Termination of Agreement for Cause. If the Firm fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Firm violates any of the covenants, conditions, agreements, or stipulations of this Agreement, the City shall have the right to terminate this Agreement by giving written notice to the Firm of such termination and specifying the effective date thereof, which shall be at least five days before the effective date of such termination. In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Firm pursuant to this Agreement shall, at the option of the City, be turned over to the City / County and become the property of the City / County. In the event of termination for cause, the Firm shall be entitled to receive reasonable compensation for any necessary services actually and satisfactorily performed prior to the date of termination.

Notwithstanding the above, the Firm shall not be relieved of liability to the City for damagessustained by the City by virtue of any breach of theAgreement by the Firm, and the Citymayset-off the damages it incurred as a result of theFirm’sbreach of the contractfrom any amounts it mightotherwiseowetheFirm.

Termination for Convenience of the City.

City may at any time and for any reasonterminateContractor’sservices and work at City'sconvenienceuponprovidingwrittennoticeto the Contractorspecifying the extent of termination and theeffective date. Uponreceiptof such notice,Contractorshall,unless the noticedirectsotherwise,immediatelydiscontinuethework and placing of ordersformaterials,facilities and supplies in connectionwiththeperformanceofthisAgreement.

Upon such termination,Contractorshall be entitled to payment only as follows:(1)theactualcost of the workcompletedinconformity with this Agreement; plus, (2) such othercostsactuallyincurred by Contractor as arepermitted by the primecontract and approved by City; (3) plustenpercent(10%) of thecost of theworkreferredto in subparagraph(1)above for overheadandprofit.Thereshall be deductedfrom such sums as provided in thissubparagraph the amount of any paymentsmade to Contractorprior to the dateofthetermination of thisAgreement.Contractorshallnot be entitledto any claim or claim of lienagainstCity for any additionalcompensation or damages in theevent of such termination and payment.

Changes. The City may, from time to time, request changes in the services the Firm will perform under this Agreement. Such changes, including any increase or decrease in the amount of the Firm's compensation, must be agreed to by all parties and finalized through a signed, written amendment to this Agreement.

Resolution of Program Non-Compliance and Disallowed Costs. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, or the breach thereof, including determination of responsibility for any costs disallowed as a result of non-compliance with federal, state or HMA program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith within 30 days of receipt of a written notice of the dispute or invitation to negotiate, and attempt to reach a just and equitable solution satisfactory to both parties. If the matter is not resolved by negotiation within 30 days of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith to settle the matter by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The parties may enter into a written amendment to this Amendment and choose a mediator that is not affiliated with the American Arbitration Association. The parties shall bear the costs of such mediation equally. [This section may also provide for the qualifications of the mediator(s), the locale of meetings, time limits, or any other item of concern to the parties.] If the matter is not resolved through such mediation within 60 days of the initiation of that procedure, either party may proceed to file suit.

Personnel.

The Firm represents that he/she/it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the City.

All of the services required hereunder will be performed by the Firm or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services.

None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement.

Assignability. The Firm shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto; Provided, however, that claims for money by the Firm from the City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the City.

Reports and Information. The Firm, at such times and in such forms as the City may require, shall furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement.

Records and Audits. The Firm shall insure that the City maintains fiscal records and supporting documentation for all expenditures of funds made under this contract in a manner that conforms to 2 CFR 200.300-.309, 24 CFR 570.490, and this Agreement. Such records must include data on the racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this Agreement. The Firm and the City shall retain such records, and any supporting documentation, for the greater of three years from closeout of the Agreement or the period required by other applicable laws and regulations.

Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Firm under this contract are confidential and the Firm agrees that they shall not be made available to any individual or organization without the prior written approval of the City.

10. Copyright.Noreport,maps, or otherdocumentsproducedin whole or in part underthisAgreementshall be the subject of an application for copyright by or on behalf of the Firm.

11.CompliancewithLocalLaws. The Firmshallcomply with allapplicablelaws,ordinances and codesof the Stateandlocalgovernments, and theFirm shall save the Cityharmless with respect to any damages arising from any tort done in performing any of the workembraced by thisAgreement.

12.Conflicts ofinterest.

Governing Body. No member of the governing body of the City and no other officer, employee, or agent of the City, who exercises any functions or responsibilities in connection with administration, construction, engineering, or implementation of HMA award between TDEM and the City / County, shall have any personal financial interest, direct or indirect, in the Firm or this Agreement; and the Firm shall take appropriate steps to assure compliance.

Other Local Public Officials. No other public official, who exercises any functions or responsibilities in connection with the planning and carrying out of administration, construction, engineering or implementation of the HMA award between TDEM and the City, shall have any personal financial interest, direct or indirect, in the Firm or this Agreement; and the Firm shall take appropriate steps to assure compliance.

The Firm and Employees. The Firm warrants and represents that it has no conflict of interest associated with the HMA award between TDEM and the City or this Agreement. The Firm further warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may benefit from the HMA award between TDEM and the City or in any business, entity, organization or person that may benefit from the award. The Firm further agrees that it will not employ an individual with a conflict of interest as described herein.

13. Debarment and Suspension(ExecutiveOrders12549 and 12689)

The Firmcertifies, by entering into thisAgreement,thatneitherit nor itsprincipals are presentlydebarred,suspended,orotherwiseexcludedfromorineligibleforparticipation in federally-assistedprograms under ExecutiveOrders12549(1986) and 12689 (1989). The term “principal” for purposes of thisAgreement is defined as an officer,director,owner,partner,keyemployee, or otherpersonwithprimarymanagement or supervisoryresponsibilities,or a personwho has a criticalinfluence on orsubstantivecontrolovertheoperations of the Firm. The Firmunderstandsthatitmust not make any awardorpermitanyaward(orcontract)at any tier to any party which is debarred or suspended or is otherwiseexcluded from or ineligible for participation in FederalassistanceprogramsunderExecutiveOrder 12549, “Debarment and Suspension.”

FederalCivilRightsCompliance.

14.EqualOpportunityClause(applicable to contracts and subcontractsover$10,000). During the performance of thiscontract,theFirmagrees as follows:

a.The Firmwillnotdiscriminateagainst any employee or applicantforemploymentbecauseofrace,color,religion,sex,sexualorientation,genderidentity,ornationalorigin. The Firm will takeaffirmativeactiontoensurethatapplicants are employed, and thatemployeesaretreatedduringemployment without regard to theirrace,color,religion,sex,sexualorientation,genderidentity, or nationalorigin.Suchactionshallinclude, but notbelimited to the following:Employment,upgrading,demotion, or transfer;recruitment or recruitmentadvertising;layoff or termination;ratesof pay or otherforms of compensation;andselectionfortraining,includingapprenticeship. The Firmagreesto post inconspicuousplaces,available to employeesandapplicants for employment,notices to be providedsettingforththeprovisionsofthisnondiscriminationclause.

b.The Firmwill, in allsolicitations or advertisementsforemployeesplaced by or onbehalf of theFirm,statethatallqualifiedapplicantswillreceiveconsiderations for employmentwithoutregard to race,color,religion,sex,sexualorientation,genderidentity, or nationalorigin.

The Firm will not discourage or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or

applicant or anotheremployee or applicant.Thisprovisionshall not apply to instances in which an employeewho has access to the compensationinformation of otheremployees or applicants as a partof such employee’sessentialjobfunctionsdiscloses the compensation of suchotheremployees or applicants to individualswho do nototherwisehaveaccess to such information,unlesssuchdisclosure is in response to a formalcomplaintorcharge, in furtherance of aninvestigation,proceeding,hearing, or action,including an investigationconducted by the employer, or is consistent with the contractor’slegal duty to furnishinformation.

d. TheFirmwillsend to eachlaborunion or representative of workerswithwhichhe has a collectivebargainingagreement or othercontract or understanding, a notice to be providedadvising the said labor union orworkers'representativesof the Firm'scommitments under thissection, and shall post copies of thenotice in conspicuousplacesavailabletoemployees and applicantsforemployment.

The Firm will comply with all provisions of Executive Order 11246 of September 24, 1965, “Equal Employment Opportunity,” and of the rules, regulations, and relevant orders of the Secretary of Labor.

f.The Firm will furnishallinformationandreportsrequired by ExecutiveOrder 11246 of September 24, 1965, and by rules,regulations, and orders of theSecretary of Labor, or pursuantthereto,andwillpermitaccess to hisbooks,records, and accounts by the administeringagency and the Secretary of Labor for purposes of investigation to ascertaincompliancewithsuchrules,regulations,andorders.

In the event of the Firm's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Firm may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h. The Firm will includetheportion of the sentenceimmediatelyprecedingparagraph(a) and theprovisionsofparagraphs

(a) through(h) in everysubcontract or purchase orderunlessexempted by rules,regulations, or orders of the Secretary of Laborissuedpursuant to section 204 of ExecutiveOrder 11246 of September24, 1965, so thatsuchprovisionswill be binding upon eachsubcontractor or vendor. The Firm will take such action with respect to any subcontractorpurchaseorder as theadministeringagencymaydirect as a means of enforcing such provisions,includingsanctions for noncompliance:Provided,however,That in the event a Firmbecomesinvolved in, or is threatenedwith,litigation with a subcontractororvendor as a result of suchdirection by the administeringagency the Firm may request the United States to enterintosuchlitigation to protect the interests of the UnitedStates.

15.CivilRightsAct of 1964.Under Title VI of the CivilRightsAct of 1964, no personshall, on thegroundsofrace,color,religion,sex,ornationalorigin,beexcluded from participationin, be denied the benefitsof,or be subjected to discriminationunderany programor activityreceivingFederalfinancialassistance.

16.Section109oftheHousing and CommunityDevelopmentActof1974.The Firm shallcomply with theprovisionsofSection 109 of the Housing and CommunityDevelopmentActof 1974. Noperson in the UnitedStatesshall on the ground of race,color,nationalorigin,religion,or sex be excludedfromparticipation in, be deniedthebenefits of, or besubjected to discriminationunder any program or activityfunded in wholeor in partwithfundsmadeavailableunderthistitle.

17.Section504 of the RehabilitationActof 1973, as amended.The Firmagreesthat no otherwisequalifiedindividualwithdisabilitiesshall,solely by reasonofhis/herdisability, be denied the benefits of, or be subjected to discrimination,includingdiscrimination in employment, under any program or activity receivingfederalfinancialassistance.

18.AgeDiscriminationActof 1975. TheFirmshallcomply with theAgeDiscriminationActof1975whichprovidesthat no personin the UnitedStatesshall on thebasis of age be excluded from participationin,bedenied the benefitsof,orbesubjectedtodiscrimination under any program or activityreceivingfederalfinancialassistance.

The Firmcertifiesthat it will notandhasnot used Federalappropriatedfunds to pay any person or organization for influencing or attemptingtoinfluence an officeroremployee of any agency, a member of Congress,officeroremployee of Congress,or an employee of a member of Congress in connectionwithobtaining this contract. The Firm shall disclose any lobbying with non-Federalfundsthattakesplaceinconnectionwithobtaining any Federalaward.

Example Engineer/Architect RatingSheet

Sub-granteeHMA Contract No. Name of RespondentDate of Rating Evaluator's Name